J&K HC Gets Its First Woman Chief Justice: Justice Gita Mittal [Read Notification]

Acting Chief Justice of Delhi High Court, Justice Gita Mittal has been appointed as the Chief Justice of Jammu and Kashmir High Court. She is set to become the first woman Chief Justice of the High Court.Justice Mittal is an alumna of Campus Law Centre, Delhi University, and began practicing in 1981. She was appointed as an Additional Judge of Delhi High Court in July, 2004, and was confirmed...

Commercial Courts Amendment Bill Passed By Lok Sabha Reduces Pecuniary Jurisdiction to Rs 3 Lakhs [Read Bill]

The Commercial Courts(Amendment) Bill 2018 passed by the Lok Sabha on August 1  seeks to lower the pecuniary jurisdiction of Commercial Courts from Rs 1 Crore to Rs 3 lakhs.This is sought to be done through amendment to Section 2(j) of the Act which defines "specified value". As per Section 6, Commercial Courts can try suits relating to commercial transactions having the "specified value". ...

How Brazen And Insensitive Can The State Be? Madras HC Slams State For Registering Hundreds Of FIRs Against Particular Individuals In Connection With Anti-Sterlite Protests At Thoothukudi [Read Order]

‘Is this a message to the protestors of Thoothukudi - 'Don't you dare'? How brazen and insensitive can the State be? Is the State oblivious or uncaring of the position that by conducting itself in the manner informed, it is putting every person, even if he has played an ever so small part in the protests in fear of the midnight knock and arrest?’Criticising the state police for...

Appointment Of Two Judges For J&K High Court Notified [Read Notification]

The Centre on Friday notified the appointment of two judges to Jammu and Kashmir High Court. As per the notification, Ms. Sindhu Sharma and Mr. Rashid Ali Dar will be joining the High Court as judges, in that order of seniority.Notably, the collegium had, in April recommended the appointment of four judges in total for the High Court: Advocate Wasim Sadiq Nargal Advocate Nazir Ahmed...

Centre Notifies Appointment Of Additional Judge Of Patna HC As Permanent Judge [Read Notification]

The Centre on Friday notified the appointment of Additional Judge of Patna High Court Justice Arun Kumar as a permanent judge of the court.His appointment was recommended by the Supreme Court collegium on 16 July. During the meeting, the collegium comprising Chief Justice of India Dipak Misra, Justice Ranjan Gogoi and Justice Madan B. Lokur had the names of six Additional Judges before it....

Insolvency Code Amendment Passed By Lok Sabha Treats Home Buyers As Financial Creditors [Read Bill]

The Lok Sabha has passed the Insolvency and Bankruptcy Code (Second Amendment Bill) 2018. One of the significant features of the Bill is that it recognizes home buyers, who have invested money in real estate projects for allotment of residential flats, as financial creditors. This is sought to be done by expanding the definition of 'financial debt' as given in Section 5(8) of the Code....

Kerala Court Passes Restraint Order In Infringement Suit Against "Karwaan" Movie [Read Order]

A restraint order has been passed in a suit  filed against the makers of the film "Karwaan" alleging copyright infringement.The suit has been filed  in District Court, Thrissur by Sanju Surendran, a Malayalam movie director, who alleged that "Karwaan" was infringing the copyrights of his movie "Aeden".He filed the suit stating that he noticed similarities in character, location, setting...

SC Grants Protection From Arrest To Doctor Couple Booked Under S.304 For Medical Negligence [Read Order]

The Supreme Court on Monday granted relief to doctorsDeepa and Sanjeev Pawaskar, who have been booked under Section 304 (culpable homicide not amounting to murder) of the IPC in a case of medical negligence.The couple moved the apex court once Bombay High Court rejected their anticipatory bail application and Justice SS Jadhav made sharp observations against their professional conduct...

Madras HC Bench Split About Recording Adverse Remarks On Trial Court Judge In Judgment [Read Judgment]

‘Commenting the judgment, giving warning to the learned Sessions Judge and registering adverse remarks in the service register, all this can be done separately by giving a chance to the learned Sessions Court Judge and to explain his stand regarding the judgment given by him,’ Justice Ramathilagam said.A division bench of Madras High Court, though concurred in reversing a trial court...

Best To Read Statutes For What They Intend Rather Than Interpret Punctuations; GS Patel J Rejects Distinction In Usage Of Term ‘Court/court’ In Arbitration Act [Read Order]

The Bombay High Court recently rejected a distinction between the usage of the word ‘Court’ in upper case and lower case in the Arbitration and Conciliation (Amendment) Act, 2015 sought to be drawn preliminary objection raised by a judgment debtor in an arbitral award dated January 2011.Note: A judgment debtor is a person against whom a judgment ordering him to pay a sum money has...

Sec 138 NI Act- No Legally Enforceable Debt If Cheque Issued For Illegal Consideration In A Void Contract : Karnataka HC [Read Judgment]

"When it is said it is illegal or unlawful consideration, it cannot be at any stretch of imagination be called a legally recoverable debt"The High Court of Karnataka quashed a complaint filed for dishonour of cheque under Section 138 of the Negotiable Instruments Act on the ground that the complaint did not reveal any "legally enforceable debt", in the case R.Parimala Bai v....

Documents Which Aren’t Part Of Charge-Sheet Can Be Received In Evidence For Prosecution During Trial: Karnataka HC [Read Order]

‘I do not have any hesitation to hold that the criminal court conducting the trial is bound to receive all the evidence produced by the prosecution irrespective of the fact whether the said evidence or documents were part of the charge-sheet placed before the court or not.’The Karnataka High Court has observed that the documents which are not the part of the charge-sheet could be received...